Alternatives to detention

Poland

Country Report: Alternatives to detention Last updated: 30/11/20

Author

Independent

The Law on Protection sets out the following alternatives to detention for asylum seekers:

  1. An obligation to report;
  2. Bail options;
  3. The obligation to stay in a designated place.

SG can use more than one alternative in the case of any foreigner.[1] Alternatives can be applied by the SG which apprehended the asylum seeker concerned or by the court (subsequent to a SG’s decision not to apply alternatives and who have submitted a motion for detention to the court).[2] An asylum seeker can be detained only if the alternatives to detention cannot be applied.[3] In practice asylum seekers are placed in detention, and alternatives to detention are not considered, properly justified and explained.[4] In 2019, 1, 650 foreigners were subject to alternatives to detention.

Over the period 2016- 2019 alternatives to detention were used as follows for foreigners, including asylum seekers and returnees:[5]

 

Alternatives to detention in Poland: 2016-2019

 

Type of alternative

2016

2017

2018

2019

Reporting obligations

1,208

2,094

1,327

1,603

Residence in a designated place

1,333

1,818

1,058

1,522

Bail

3

4

1

3

Surrendering travel documents

54

49

29

36

Total

2,598

3,965

2,415

3,164

Source: Border Guard, 14 January 2018; Border Guard, 14 and 25 January 2019, 17 January 2020.

 


[1] Article 88(3) of the Law on Protection.

[2] Articles 88(2) and 88b(2)-(3) Law on Protection.

[3] Article 88a(1) Law on Protection.

[4] Commissioner for Human Rights, Wyciąg Strzeżony Ośrodek dla Cudzoziemców w Krośnie Odrzańskim, 30 January 2018, available (in Polish) at: http://bit.ly/2F2ptCr.

[5] In practice, a person may be subject to more than one alternative measure.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation